Summary: We will not investigate this complaint about accuracy of information held by the Council. The Information Commissioner is better placed to consider and decide Mr X’s complaint.

The complaint

1. Mr X complained the Council held inaccurate information about him which caused reputational damage and distress.
2. Mr X wants the Council to correct the information it holds about him and ensure that it is compliant with data protection law.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council that it held inaccurate information about him. The Council considered and responded to Mr X’s complaint at both stages of its complaints procedure.
8. The Council also separately considered Mr X’s request for data rectification, told him of its position and told him of his right to contact the Information Commissioner if he disagreed.
9. The Information Commissioner’s Office (ICO) is the UK regulator for data protection and deals with enforcing UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
10. We will not investigate this complaint. The ICO is better placed to consider and decide Mr X’s complaint about data accuracy.

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Final decision

11. We will not investigate Mr X’s complaint because the ICO is better placed to consider and decide his complaint about data accuracy.

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Investigator's decision on behalf of the Ombudsman